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UPSC Prelims 2025Question 86Polity

Consider the following statements with regard to pardoning power of the President of India:
I. The exercise of this power by the President can be subjected to limited judicial review.
II. The President can exercise this power without the advice of the Central Government.
Which of the statements given above is/are correct?

Options

  1. (a)I only
  2. (b)II only
  3. (c)Both I and II
  4. (d)Neither I nor II
Correct answer: a
Decision rule

Article 74 binds the President in every function including clemency, and no discretionary power is wholly beyond judicial review for mala fides or arbitrariness.

Explanation

Correct Answer:

(a) I only

Explanation of the Correct Answer

Let's analyze the statements regarding the pardoning power of the President of India:

Statement-wise Analysis

I. The exercise of this power by the President can be subjected to limited judicial review.

  • Correct
  • The President’s pardoning power under Article 72 of the Indian Constitution is not absolute.
  • The Supreme Court has held in several cases (e.g., Mithu vs State of Punjab, Shatrughan Chauhan vs Union of India) that the exercise of this power can be subject to judicial review on limited grounds, such as arbitrariness, mala fide exercise, or violation of constitutional principles.
  • Courts do not interfere with the merits but ensure the power is not exercised unlawfully.

II. The President can exercise this power without the advice of the Central Government.

  • Incorrect
  • According to Article 74 of the Constitution, the President is bound to act on the aid and advice of the Council of Ministers, headed by the Prime Minister.
  • Thus, the pardoning power is exercised based on the advice of the Central Government, and the President cannot act independently in this matter.

Why Other Options Are Incorrect

  • (a) I only – Correct: Judicial review is allowed; the President cannot act without government advice.
  • (b) II only – Incorrect: The President must act on government advice.
  • (c) Both I and II – Incorrect: Statement II is wrong.
  • (d) Neither I nor II – Incorrect: Statement I is correct.

Relevant Supplementary Information

AspectDetails
Article 72Grants the President the power to grant pardons, reprieves, respites, or remissions in certain cases.
Scope of Pardoning PowerApplies to death sentences, commutation, remission of sentences, and reprieves.
Judicial Review LimitsCourts review for malafide, arbitrariness, procedural irregularities, not the merits of clemency.
Article 74President to act on aid and advice of Council of Ministers; not independent in pardoning.

Related Concepts or Facts

TermExplanation
Pardoning PowerExecutive clemency allowing mercy to convicted persons.
Judicial ReviewPower of courts to examine the legality of executive actions.
Council of MinistersConstitutional body advising the President.
Clemency CasesCases involving mercy petitions, especially in capital punishment matters.

Current Relevance

  • The pardoning power remains significant in the context of death penalty clemency petitions.
  • Judicial scrutiny ensures the power is exercised fairly and constitutionally, balancing mercy and justice.

Table: Related Concepts and Terms – Pardoning Power of the President

Concept / TermExplanation / Relevance
Pardoning Power (Article 72)Power vested in the President to grant pardons, reprieves, respites, or remissions of punishment, especially in cases involving capital punishment.
Judicial Review of PardoningCourts can review the exercise of pardoning power on limited grounds such as arbitrariness, mala fide, or violation of constitutional principles, but not on merits of the case.
Council of Ministers (Article 74)The President must act according to the advice of the Council of Ministers headed by the Prime Minister, including in matters of pardoning.
Clemency PowersEncompasses pardons, commutations, reprieves, respites, and remissions granted to convicted persons.
Mala FideBad faith; a ground for judicial review if the President’s clemency power is exercised dishonestly or with ulterior motive.
ArbitrarinessA lack of fair, just, or consistent reasoning in exercising pardoning powers, subject to judicial scrutiny.
Capital Punishment CasesPardoning power is especially significant in death sentence cases, where the President’s mercy petition can commute or remit sentences.
Limitations on PardoningPardoning power cannot override constitutional safeguards or violate fundamental rights.

Table: Types of Clemency Powers

Type of ClemencyDescriptionEffect on Convict
PardonComplete forgiveness for the offense, absolving the convict of all penalties and legal consequences.Convict is released and legal consequences are nullified.
CommutationReduction of the severity or duration of the sentence without removing the conviction.Sentence (e.g., death penalty to life imprisonment) is reduced.
ReprieveTemporary delay or suspension of the execution of a sentence, often granted to allow for appeal or mercy petition.Execution or punishment is temporarily postponed.
RespiteReduction or delay in sentence execution on grounds such as pregnancy, illness, or humanitarian reasons.Sentence is delayed or temporarily suspended.
RemissionReduction of the amount of the sentence without changing its nature; often granted for good behavior or prison reforms.Sentence duration is shortened, but conviction remains.

Additional Notes:

  • These clemency powers are often exercised to provide mercy, justice, or humanitarian relief.
  • In India, these powers are primarily granted by the President under Article 72 (for Union offenses) and Governors under Article 161 (for state offenses).
  • Clemency does not imply innocence but modifies or removes the punishment.
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